Quiet Enjoyment

See 540-A:2. General Prohibition.

"A breach of the covenant of quiet enjoyment occurs when the landlord substantially interferes with the tenant's beneficial use or enjoyment of the premises."

"RSA 540–A:2 provides, "No landlord shall willfully violate a tenant's right to quiet enjoyment of his tenancy...." Pursuant to RSA 540–A:4, IX, "Any landlord ... who violates RSA 540–A:2 or any provision of RSA 540–A:3 shall be subject to the civil remedies set forth in RSA 358–A:10...." RSA 540–A:2 does not further define a tenant's right to quiet enjoyment; however, we rely upon the common law doctrine that the covenant obligates the landlord to refrain from interference with the tenant's possession during the tenancy."

"The plaintiffs contend that the court erred in failing to distinguish between the term "willfully" as used in RSA 540–A:2, which proscribes "willfully" committing the prohibited practice at issue, and the term "willful" as used in RSA 358–A:10 (1995), which provides for enhanced damages for a "willful or knowing violation" of RSA chapter 358–A. … We have, however, usually interpreted the term to exclude an act committed under a mistaken belief of the operative facts. … We similarly hold here that RSA 540–A:2 was not intended to impose liability upon a landlord who enters a tenant's premises under an honestly mistaken understanding of the tenant's consent to such entry."

"The covenant of quiet enjoyment is a common law doctrine that obligates the landlord to refrain from interferences with the tenant's possession during the tenancy. It is implied by law in every lease. see … RSA 540-A:2 (2007). … There is ample evidentiary support for the court's conclusion that the deforesting and regrading of the plaintiff's lot constituted a "substantial interference with [his] use and enjoyment of [the] lot.""

"Taken together, these provisions establish that a landlord who willfully violates a tenant's right to quiet enjoyment is liable to the tenant for at least $1,000 in statutory damages, as well as costs and reasonable attorney's fees, for that initial violation. See RSA 540-A:2; RSA 540-A:4, IX(a); RSA 358-A:10, I."